The Act for the Amendment of the Law with Respect to Wills (1 Victoria, C. 26), with Practical Notes and Observations, and a Copious Index

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C. Reader, 1838 - Wills - 83 pages
 

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Page 18 - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Page 1 - ... an act passed in the twelfth year of the reign of King Charles the Second, intituled " An Act for taking away the court of wards and liveries, and tenures in capite and by knight's service, and purveyance, and for settling a revenue upon his Majesty in lieu thereof...
Page 59 - By the 30th section of that act, it is enacted, that " where any real estate (other than or not being a presentation to a church,) shall be devised to any trustee or executor, such devise shall be construed to pass the fee simple...
Page 64 - Bequest shall not lapse, but shall take effect as if the Death of such Person had happened immediately after the Death of the Testator, unless a contrary Intention shall appear by the Will.
Page 39 - ... by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Page 52 - Estate to which such Description shall extend (as the Case may be), which he may have Power to appoint in any Manner he may think proper, and shall operate as an Execution of snch Power, unless a contrary Intention shall appear by the Will...
Page 47 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 14 - ... whether freehold or customary freehold, tenant right, customary or copyhold, or of any other tenure, and whether a corporeal or incorporeal hereditament, it shall go to the executor or administrator of the party that had the estate thereof by virtue of the grant; and if the same shall come to the executor or administrator either by reason of a special occupancy or by virtue of this act, it shall be assets in his hands, and shall go and be applied and distributed in the same manner as the personal...
Page 53 - ... shall be construed to include any real estate, or any real estate to which such description shall extend, as the case may be, which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power unless a contrary in ten tion shall appear by the will.
Page 42 - By sect. 21, no obliteration, interlineation, or other alteration made in any will after the execution thereof, shall be valid or have any effect, except so far as the words or effect of the will before such alteration shall not be apparent, unless such alteration shall be executed in like manner as hereinbefore is required for the execution of the will...

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